"GENERAL ARTICLES"
"BISMILLA HIRRAHMAAN NIRRAHEEM"
WELCOME! - AS'SALAMU ALAIKUM!! ******** ***** *****
[All] praise is [due] to Allah, Lord of the worlds; - Guide us to the straight path
*- -*
* * In this Blog; More Than Ten Thousand(10,000) {Masha Allah} - Most Usefull Articles!, In Various Topics!! :- Read And All Articles & Get Benifite! * Visit :-
*- WHAT ISLAM SAYS -* - Islam is a religion of Mercy, Peace and Blessing. Its teachings emphasize kind hear tedness, help, sympathy, forgiveness, sacrifice, love and care.Qur’an, the Shari’ah and the life of our beloved Prophet (SAW) mirrors this attribute, and it should be reflected in the conduct of a Momin.Islam appreciates those who are kind to their fellow being,and dislikes them who are hard hearted, curt, and hypocrite.Recall that historical moment, when Prophet (SAW) entered Makkah as a conqueror. There was before him a multitude of surrendered enemies, former oppressors and persecutors, who had evicted the Muslims from their homes, deprived them of their belongings, humiliated and intimidated Prophet (SAW) hatched schemes for his murder and tortured and killed his companions. But Prophet (SAW) displayed his usual magnanimity, generosity, and kind heartedness by forgiving all of them and declaring general amnesty...Subhanallah. May Allah help us tailor our life according to the teachings of Islam. (Aameen)./-
"INDIA "- Time in New Delhi -
''HASBUNALLAHU WA NI'MAL WAKEEL'' - ''Allah is Sufficient for us'' + '' All praise is due to Allah. May peace and blessings beupon the Messenger, his household and companions '' (Aameen)
NAJIMUDEEN M
Dua' from Al'Qur'an - for SUCCESS in 'both the worlds': '' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen] - {in Arab} :-> Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/- (Surah Al-Baqarah ,verse 201)*--*~
Category - *- About me -* A note for me *-* Aa My Public Album*-* Acts of Worship*-* Ahlesunnat Wal Jamat*-* Asmaul husna*-* Belief in the Last Day*-* Between man and wife*-* Bible and Quran*-* Bioghraphy*-* Commentary on Hadeeth*-* Conditions of Marriage*-* Da'eef (weak) hadeeths*-* Darwinism*-* Dating in Islam*-* Description of the Prayer*-* Diary of mine*-* Discover Islam*-* Dought & clear*-* Duas*-* Eid Prayer*-* Engagment*-* Family*-* Family & Society*-* family Articles*-* Family Issues*-* Fasting*-* Fathwa*-* Fiqh*-* For children*-* Gender differences*-* General*-* General Dought & clear*-* General hadeeths*-* General History*-* Hadees*-* Hajj*-* Hajj & Umrah*-* Hazrat Mahdi (pbuh)*-* Health*-* Health and Fitness*-* Highlights*-* Hijaab*-* Holiday Prayer*-* I'tikaaf*-* Imp of Islamic Months*-* Innovations in Religion and Worship*-* Islamic Article*-* Islamic History*-* Islamic history and biography*-* Islamic Months*-* Islamic story*-* Issues of fasting*-* Jannah: Heaven*-* jokes*-* Just know this*-* Kind Treatment of Spouses*-* Links*-* Making Up Missed Prayers*-* Manners of Greeting with Salaam*-* Marital Life*-* Marriage in Islam*-* Menstruation and Post-Natal bleeding*-* Miracles of Quran*-* Moral stories*-* Names and Attributes of Allaah*-* Never Forget*-* News*-* Night Prayer*-* Notes*-* Other*-* Personal*-* Personalities*-* Pilgrimage*-* Plural marriage*-* Prayer*-* Prayers on various occasions*-* Principles of Fiqh*-* Qanoon e Shariat*-* Qur'an*-* Qur'an Related*-* Quraanic Exegesis*-* Ramadan Articles*-* Ramadan File*-* Ramadhan ul Mubarak*-* Sacrifices*-* Saheeh (sound) hadeeths*-* Schools of Thought and Sects*-* Seerah of Prophet Muhammad (pbuh)*-* Sex in Islam*-* Sharia and Islam*-* Shirk and its different forms*-* Sms, jokes, tips*-* Social Concerns*-* Soul Purification*-* Story*-* Sufi - sufi path*-* Supplication*-* Taraaweeh prayers*-* The book of Prayer*-* Tips & Tricks*-* Tourist Place*-* Trust (amaanah) in Islam*-* Welcome to Islam*-* Women in Ramadaan*-* Women site*-* Women Who are Forbidden for Marriage*-* Womens Work*-* Youth*-* Zakath*-*
*- Our Nabi' (s.a.w) Most Like this Dua' -*
"Allahumma Salli'Alaa Muhammadin Wa 'Alaa'Aali Muhammadin, kamaa Sallayta 'Alaa' Ibraheema wa 'Alaa 'Aali 'Ibraheema, 'Innaka Hameedun Majeed. Allahumma Baarik'Alaa Muhammadin Wa 'Alaa'Aali Muhammadin, kamaa Baarakta 'Alaa' Ibraheema wa 'Alaa 'Aali 'Ibraheema, 'Innaka Hameedun Majeed." ******
"Al Qur'an - first Ayath, came to our Nabi (s.a.w)
"Read! In the name of yourLord Who created. Created man from clinging cells. Read! And your Lord is Most Bountiful. The One Who taught with the Pen. Taught man what he did not know." (Qur'an 96: 1-5) - ~ - ~ - lt;18.may.2012/friday-6.12pm:{IST} ;(Ayatul Kursi Surah Al-Baqarah, Ayah 255/)
*- Al Qur'an's last ayath came to Nabi{s.a.w} -*
Allah states the following: “Thisday have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion.” [Qur’an 5:3]
Surat alAhzab 40; Says Our Prophet Muhammad (s.a.w) is the final Prophet sent by Allah'
↓TRANSLATE THIS BLOG↓
IndonesiaArabicChinaEnglishSpanishFrenchItalianJapanKoreanHindiRussian
ShareShare

Follow Me

* A Precious DUA' *
Dua' - '' All praise is due to Allah'. May peace and blessings beupon the Messenger, his household and companions '' - - - O Allah, I am Your servant, son of Your servant, son of Your maidservant; my forelock is in Your hand; Your command over me is forever executed and Your decree over me is just; I ask You by every name belonging to You that You have named Yourself with, or revealed in Your book, ortaught to any of Your creation, or have preserved in the knowledge of the unseen with You, that You make the Qur'an thelife of my heart and the light of my breast, and a departure for my sorrow and a release from my anxiety.
- Tamil -- Urdu -- Kannada -- Telugu --*- ShareShare
**
ShareShare - -*-
tandapanahkebawah.gifbabby-gif-240-240-0-24000.giftandapanahkebawah.gif400692269-4317571d76.jpeg wall-paper.gif story.gif
*: ::->
*

Friday, September 13, 2013

Fathwa, - Child's best interests should determine who takes custody of it

Question
My question is regarding the custody of a child when the parents
divorced. I have recently asked for a release from my husband while
being pregnant. I am having difficulty understanding the custody
situation in the issue that comes with divorce. The man that I married
came from Yemen for medical reasons and during this time he took me as
his third wife. When I asked for the release, the only question that
went through my mind was the custody of my daughter. He has told me
that he has more right to take her because he lives in a Muslim
country while I live here in America. At first I was very troubled by
this and became emotional on this matter and turned to Allah for help.
Over time I have came to the conclusion that it may actually be best
to have my daughter raised in an Islamic society at a very young age.
Being a revert I understand how difficult it is to adapt to new things
and to forget the old and I would never want my children to be in a
time of difficult decision if I can help it. My ex-husband has told me
that he would not take her from me until maybe the age of two... once
more the emotional roller coaster arrives. It's a bit different if he
lived down the road but seeing as though he is in another country and
he hardly has the money to send his family back to visit their family
it worries me about the heart ache I may endure from raising a child
for two years to have her just leave in one day. He has not talked to
me about financial support during this time because his solution is
simply to let her go to him and I personally do not have the money
myself to take care of two children )one from a previous relationship(
With this a new question arrives. Is it permissible for me to give my
child to him at an earlier age )say six months( can he deny the child
or is it an obligation for him to take her even without me getting
remarried? I want what is best for my child, and I know that he is a
very good father and I hold nothing
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
Muhammadis His slave and Messenger.
First of all, you should know that it is not permissible for a wife to
ask her husband for divorce except in certain cases that we clarified
in Fatwa 131953. Even if we assume that a wife has a sound reason to
ask for divorce from her husband, she should not hasten to it, as the
benefit might not always be in divorce; rather, she should be patient
as much as she can, especially if they have children.
If divorce takes place, the mother has the right to custody of her
children as long as she does not remarry as clarified in Fatwa 82128.
If she remarries, custody moves to the female who is more deserving of
the custody of the child among the female relatives according to the
order mentioned by the jurists, which we clarified in Fatwa 84618.
On the other hand, the majority of the scholars are of the view that
if one of the parents travels to another location to live and settle
there, the custody is for the father. The father is even more entitled
to custody if he is moving to a Muslim country as it is dangerous to
the religion of the children to reside in a non-Muslim country where
there are many causes for temptation, in addition to the freedom that
has no limits. For more benefit on the danger of residing in a
non-Muslim country to the upbringing of Muslim children, please refer
to Fatwa 179175.
However, some scholars differentiated in this regard between an infant
who is still breastfeeding and other children. They are of the view
that the infant should not be taken away from his mother since he
needs her care; this is due to the harm that is inflicted on the
infant and his mother by taking him away from her, and because Islam
has taken into consideration the interests of the child. After
mentioning the statements of the scholars in this regard,Ibn
Al-Qayyimsaid in Zaad Al-Ma'aad: "All these statements are not based
upon evidence that comforts the heart as you see; the correct view is
to look into the matter and consider the interests of the child and
what is best for him, either keeping him where he already resides or
moving him to another location. It is what is more beneficial for him
and what better protects him that should be taken into account, and
residing in the same location or moving to another one has no effect."
As regards your question whether or not your husband has the right to
refuse custody, then the answer to this question is based on the
following issue over which the scholars differed: Is custody the right
of the custodian or the right of the child?Ibn Al-Qayyimsaid: "The
jurists differed in opinion over custody; is it a right for the
custodian or a duty upon him? There are two opinions in this regard
according to the Maaliki and Hanbali Schools of Jurisprudence;
accordingly, can the one who has the right of custody renounce it?
There are two opinions in this regard."
In any case, the father is obligated to spend on the child whether the
child is in his custody or in its mother's custody.
Finally, we advise you to try to reach a mutual understanding with
your husband about what is better for your daughter and opting for
what is best for her and renouncing your right for the benefit of your
daughter. But if there is a dispute, then it is better to take the
matter to an authority that is specialized in studying the matters of
the Muslims like the Islamic Centers. This is of course if we assume
that divorce has taken place, otherwise if it is possible to reconcile
and continue the marital relationship, then this is more appropriate
as we have already mentioned.
Allaah Knows best.

No comments: